Document Content

DECREE

On law implementation monitoring

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Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 26, 2003 Law on Organization of People’s Councils and People’s Committees;

At the proposal of the Minister of Justice,

The Government promulgates the Decree on law implementation monitoring.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for contents and activities of law implementation monitoring and state agencies’ responsibilities for law implementation monitoring.

Article 2. Subjects of application

This Decree applies to ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels involved in law implementation monitoring.

Article 3. Purposes of law implementation monitoring

Law implementation monitoring aims to consider and assess the actual situation of law implementation and propose measures for raising the effectiveness of law implementation and improving the legal system.

Article 4. Principles for law implementation monitoring

1. Objectivity, publicity and transparency.

2. Regularity, comprehensiveness and focus.

3. Combination of domain-based with locality-based monitoring.

4. Assurance of close coordination among agencies and organizations in law implementation monitoring without coincidence and overlap with activities within state agencies’ tasks and powers prescribed by law.

5. Mobilization of participation of political organizations, socio-political organizations, socio-professional organizations and people.

Articles 5. Scope of responsibilities for law implementation monitoring

1. The Ministry of Justice shall monitor law implementation nationwide.

2. Ministries and ministerial-level agencies shall monitor law implementation in sectors and domains under their management. Government-attached agencies shall monitor law implementation in their assigned domains.

Legal departments of ministries, ministerial-level agencies and government-attached agencies shall assume the prime responsibility for, and coordinate with agencies and units under their ministries, ministerial-level agencies and government-attached agencies in, advising and assisting ministers, heads of ministerial-level agencies and heads of government-attached agencies in monitoring law implementation.

Agencies and units under ministries, ministerial-level agencies and government-attached agencies shall advise and assist ministers, heads of ministerial-level agencies and heads of government-attached agencies in monitoring law implementation in their assigned domains.

3. People’s Committees at all levels shall monitor law implementation in domains under their management in localities.

Provincial-level Justice Departments, district-level Justice Divisions and commune-level civil status and judicial officers shall assume the prime responsibility for, and coordinate with specialized agencies of district- and provincial-level People’s Committees and specialized officers of commune-level People’s Committees in, monitoring law implementation in domains under their management in localities.

Specialized agencies of provincial- and district-level People’s Committees and specialized officers of commune-level People’s Committees shall advise and assist People’s Committees of the same level in monitoring law implementation in their assigned domains.

Legal organizations of specialized agencies of provincial-level People’s Committees shall advise and assist heads of specialized agencies in monitoring law implementation.

Article 6. Organizations’ and individuals’ participation in law implementation monitoring

1. Organizations and individuals have the right to participate in law implementation monitoring.

2. Ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels shall create conditions for and encourage organizations and individuals to participate in law implementation monitoring.

3. Based on specific conditions and requirements of law implementation monitoring, ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels shall mobilize the Vietnam Lawyers Association, the Vietnam Bar Federation and Bar Associations, the Vietnam Chamber of Commerce and Industry, societies, associations, research institutions, training institutions and eligible specialists and scientists to participate in law implementation monitoring as collaborators.

Chapter II

CONTENTS OF LAW IMPLEMENTATION MONITORING

Article 7. Contents of law implementation monitoring

Ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels shall monitor law implementation on the basis of assessment of the following contents:

1. Promulgation of detailing legal documents;

2. Assurance of conditions for law implementation monitoring;

3. Law observance.

Article 8. Contents of considering and assessing the promulgation of detailing legal documents

1. Timeliness and completeness of the promulgation of detailing legal documents.

2. Consistency and uniformity of legal documents.

3. Enforceability of legal documents.

Article 9. Contents of considering and assessing the assurance of conditions for law implementation monitoring

1. Timeliness, completeness, appropriateness and effectiveness of law training and dissemination.

2. Suitability of the organizational apparatus and capacity to meet human resource requirements for law implementation.

3. Capacity to meet funding and physical foundation requirements for law implementation.

Article 10. Contents of considering and assessing law implementation monitoring

1. Timeliness and completeness in law implementation by state agencies and competent persons.

2. Accuracy and uniformity of guidance on law application and of law application by state agencies and competent persons.

3. Law observance by agencies, organizations and individuals.

Chapter III

LAW IMPLEMENTATION MONITORING

Article 11. Collection of law implementation information

1. Ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels shall summarize reports on law implementation monitoring of the state agencies specified in Articles 16 and 17 of this Decree according to the following contents:

a/ Numbers, forms and titles of detailing legal documents; numbers, forms and titles of legal documents promulgated behind schedule, and reasons for such delay; numbers of contradictory, inconsistent and unenforceable legal documents;

b/ Contents and forms of law training and dissemination conducted; situation of the organizational apparatus, personnel and funding and physical foundation conditions to ensure law implementation;

c/ Guidance in law application and law application by state agencies and competent persons;

d/ Handling of violations.

2. Ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels shall collect law implementation information published in the mass media or provided by organizations and individuals.

Organizations and individuals may provide law implementation information directly or through websites of ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels.

Law implementation information published in the mass media or provided by organizations and individuals must be checked and verified before they are used for assessment of law implementation.

Article 12. Examination of law implementation

1. Ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels shall examine law implementation within the scope of their responsibilities specified in Article 5 of this Decree in order to promptly detect difficulties and problems in law implementation and limitations of the legal system.

2. Agencies, organizations and individuals subject to examination shall comply with requests of examining agencies under law.

Article 13. Survey and study of law implementation

1. Ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels shall conduct surveys and study the situation of law implementation in each domain or locality or for target groups through survey questionnaires, direct interviews or other appropriate forms.

2. Surveys and study may be conducted by collaborators.

Article 14. Processing of law implementation monitoring results

1. Based on collected information and results of law implementation examination, survey and study, ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels shall process according to their competence or propose competent agencies or persons to process results of law implementation monitoring according to the following contents:

a/ To promptly and fully promulgate detailing legal documents;

b/ To take measures to raise the effectiveness of law training and dissemination; to assure the organizational apparatus, personnel, funds and other conditions for law implementation;

c/ To promptly organize the implementation of effective legal documents.

d/ To take measures to ensure accuracy and consistency in guidance on law application and in law application;

e/ To amend, supplement and promulgate legal documents;

f/ To take other measures to raise the effectiveness of law implementation and improve the legal system.

2. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall process results of law implementation monitoring at the request of the Ministry of Justice or a ministry or ministerial-level agency in sectors and domains under the management of that ministry or agency.

Subordinate People’s Committees shall process results of law implementation monitoring at the request of their immediate superior People’s Committees.

Chapter IV

RESPONSIBILITIES OF STATE AGENCIES FOR LAW IMPLEMENTATION MONITORING

Article 15. Responsibilities of the Ministry of Justice

1. To submit to competent agencies for promulgation or promulgate according to its competence legal documents on law implementation monitoring.

2. To submit to the Prime Minister for promulgation the National Statistical Indicator System as a basis for considering and assessing law implementation under this Decree.

3. To guide, urge and examine ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in monitoring law implementation.

4. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, government-attached agencies and related agencies and organizations in, monitoring law implementation nationwide and in domains under interdisciplinary management with difficulties and problems in implementation.

5. Annually, before November 15, to report on law implementation monitoring nationwide to the Prime Minister.

6. To perform the responsibilities specified in Article 16 of this Decree.

Article 16. Responsibilities of ministries, ministerial-level agencies and government-attached agencies

1. To direct, guide, urge and examine their attached agencies and units in monitoring law implementation.

2. To promulgate the sectoral statistical indicator system as a basis for considering and assessing law implementation under this Decree.

3. To work out and implement their plans on law implementation monitoring.

4. To process results of law implementation monitoring under Article 14 of this Decree.

5. To ensure conditions for law implementation monitoring.

6. Annually, before October 15, to report on law implementation monitoring to the Ministry of Justice.

Article 17. Responsibilities of People’s Committees at all levels

1. To direct, guide, urge and examine specialized agencies of People’s Committees of the same level and subordinate People’s Committees in monitoring law implementation in their localities.

2. To work out and implement their plans on law implementation monitoring.

3. To process results of law implementation monitoring law under Article 14 of this Decree.

4. To ensure conditions for law implementation monitoring.

5. Annually, before October 15, provincial-level People’s Committees shall report on law implementation monitoring to the Ministry of Justice.

Commune- and district-level People’s Committees shall report on law implementation monitoring at the request of their immediate superior People’s Committees.

Article 18. Coordination in law implementation monitoring

Ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels shall coordinate with People’s Procuracies, People’s Courts, the Vietnam Fatherland Front and its member organizations and other related organizations in monitoring law implementation.

Chapter V

IMPLEMENTATION PROVISIONS

Article 19. Funds for law implementation monitoring

Law implementation monitoring of agencies and units at a level shall be funded by the state budget of the same level and be included in annual budget estimates of those agencies and units. The estimation and allocation of funds comply with the State Budget Law and its detailing and guiding documents.

Article 20. Effect

1. This Decree takes effect on October 1, 2012.

2. The Minister of Justice shall guide and examine the implementation of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People’s Committees at all levels shall implement this Decree./.